Eton Auctions - Bi annual Art Loot Sale

End Selling Inclusive Commission Rate: 10.00% plus VAT Buyers Premium 20% plus VAT Unsold Inclusive Commission Rate: 0.00% Loss & Damage protection Insurance: 1.50% I warrant that I am the legal and beneficial owner of the Goods described and that I herewith consign these Goods with Eton Auctions for sale by public auction. I undertake to indemnify Eton Auctions against any claims resulting from the sale of the Goods, including matters of authenticity. I confirm that the items listed are genuine and have been in the UK for over 50 years, where in the UK for less than 50 years, all items have been legally imported or exported. Eton Auctions may disclose information required for Export Licence applications. For non UK excavated material, under Article 2.2 of Council Regulation (EC) No 116/2009 of 18 December 2008, I confirm that the above objects are of limited archaeological or scientific interest, they are either: numismatic items of a standard type which are published in a reference work on numismatics; or are non numismatic items, possess no special or rare features of form, size, material, decoration, inscription or iconography and which are not in an especially fine condition for the type of object; they do not form part of a recognised archaeological collection of special historical significance; are not the direct product of excavations, finds or archaeological sites within a Member State; and are lawfully on the market and do not fall within any other category of Annex I to the Regulation, unless otherwise stated. I understand the Terms and Conditions of Sale and agree that Eton Auctions may deduct from the Hammer Price all commission, other charges and VAT where applicable from the monies received from any Buyer(s). If necessary to make a sale, the auctioneer has discretion to accept a bid at one increment or 10% (whichever is the greater) below the reserve price. I note that the cost of damage protection will be applied unless I opt out of this provision. I understand that payment of net monies realised will normally be by cheque or bank transfer and that such payment will only be forwarded after full clearance of monies received from the Buyer(s) and payable only to the name and address listed for the account holder. In case of unsold items, I confirm that they can be re-listed in following auctions at -20% reserve and estimate. If items reserve is ?100 or less, item will be relisted as No Reserve. ? 1. Interpretations and Definitions: the following terms generally apply within these Terms and Conditions; other terms are defined within specific sections following: Auctioneer ? the firm Indus Collective Ltd T/as Eton Auctions Auctions(?Eton Auctions Auctions? hereafter) or its authorised auctioneer, acting as Agent for the Seller. Eton Auctions Auctions is a company registered in England and Wales (company no: 12287003) with registered office at Grenville Court,Britwell Road, Burnham, Buckinghamshire, SL1 8DF. The website and telephone number are https://EtonAuctionsauctions.co.uk and +44 (0) 1628 290747 Agent ? a person or body acting on behalf of another. ALR ? Art Loss Register - All lots with an upper Estimate value of ?1,000 and above and all ancient Western Asiatic lots are searched against the Art Loss Register database. Auction ? a sale event whether taking place live in real-time or of extended duration (Timed Auction). Bid ? a sum offered by a Bidder to purchase the Lot. Bidder ? the person offering a Bid. Buyer ? the person who the Lot is Knocked Down to. Date of Sale ? the date on which the Auctioneer Knocks Down the Lot. Data Protection Legislation ?all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679) (83) (GDPR); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended, and any and all applicable national data protection laws made under or pursuant to the GDPR, as may be amended or superseded from time to time. Estimate ? the estimate for any Lots as set out in the Property Receipt. Group ? any Lot comprising more than one item. Hammer Price ? the amount of the winning bid when Knocked Down by the Auctioneer to a Bidder. Lot ? the goods for sale. Net Proceeds-the Hammer Price less the Selling Commission and any charges or expenses levied at Eton Auctions?s discretion in accordance with these Terms and Conditions. Purchase Price ? the total sum due for any Lot, including the Hammer Price, the Buyer?s Premium, any internet bidding fees, any shipping charges, taxes, duties or any other costs payable to Eton Auctions. Reserve Price ? the minimum Hammer Price at which a Lot may be Knocked Down Seller ? the person offering the Lot for sale. Buyers Premium/Selling Commission ? the sum due to Eton Auctions from the Seller in accordance with clause 10. Timed Sale ?in relation to an unsold Lot, a 28 day timeframe to allow a sale post Auction in accordance with clause 15. Title ? legal rights of ownership of the Lot. Unsold Fee ? 0% (VAT inclusive) of the Reserve Price. Withdrawal Fee ? the fee payable to Eton Auctions in the event the Seller withdraws a Lot in accordance with clause 14, which shall be 6% (VAT inclusive) of the low Estimate or Reserve Price, whichever is higher. 2. Application: the singular includes the plural and vice versa and any reference to ?he?, ?she? or ?it? applies to all of them. 3. Basis of Contract: a. These terms and conditions apply to the exclusion of any other terms that the Seller seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. b. Each Seller is required to read the terms and conditions attached to the Property Acceptance/Receipt and acknowledges that he/she has read, accepted and acknowledged the terms of such attachment, in advance of signing the same. c. As auctioneer, Eton Auctions acts solely for, and in the interest of, the Seller. 4. Copyright: all cataloguing text, images and other material published by Eton Auctions (including in relation to any Lot) whether physically or electronically is the property of Eton Auctions and may not be reproduced, stored in any retrieval system or otherwise transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Eton Auctions. Eton Auctions does not guarantee that a device accurately displays the colours and condition of a Lot. 5. Rights to Photographs, Illustrations and Documents: the Seller grants to Eton Auctions full and absolute right to photograph or illustrate any Lot and to use such photographs or illustrations, and any photographs, illustrations or documents provided by the Seller, at any time and at Eton Auctions absolute discretion (whether or not in connection with any Auction). 6. Title, Risk and Insurance: Title to any Lot is retained by the Seller until the Purchase Price and all other sums payable by the Buyer have been paid in full in cleared funds to Eton Auctions; at this point, Title will transfer from the Seller to the Buyer. Risk for the Lot passes to the Buyer at the time the Lot is Knocked Down to the Bidder. Eton Auctions does not hold any Lot insured after the Lot has been Knocked Down. 7. Seller?s Representations and Warranties: in submitting any Lot for sale, the Seller warrants and represents to Eton Auctions the matters set out in the Property Acceptance/Receipt and Seller?s statement of provenance. The Seller will be asked to provide proof of identity and address. 8. Limitation of Liability: The Auctioneer has obtained insurance cover in respect of its own legal liability for individual claims. The limits and exclusions in this clause reflect the insurance cover the Auctioneer has been able to arrange and the Seller is responsible for making his own arrangements for the insurance of any excess loss. Eton Auctions will under no circumstances be liable to the Seller, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: a. any loss of profits, sales, business or revenue; b. loss of business opportunity; and c. an indirect or consequential loss. Eton Auctions total liability to the Seller for all losses arising under or in connection to the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed ?500. Nothing in these terms and conditions limits any liability which cannot legally be limited, including but not limited to liability for: a. death or personal injury caused by negligence; b. fraud or fraudulent misrepresentation; and c. breach of the terms implied by section 12 of the Supply of Goods and Services Act 1979 (title and quiet possession). This clause 8 shall survive termination of the Contract. 9. Seller?s Indemnity: the Seller shall indemnify and hold Eton Auctions harmless from all claims and all direct, indirect or consequential losses (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against or incurred or paid by Eton Auctions as a result or in connection with: a. any breach of the warranties referred to in clause 7; b. any claim made against Eton Auctions concerning the authenticity of any Lot; c. any alleged or actual infringement, whether or not under English law, of any third party?s Intellectual Property Rights or other rights arising out of the Auction or sale of the Lot. d. Buyers Premium/Selling Commission: The standard rate of selling commission payable to Eton Auctions shall be 10% of the Hammer Price (PLUS VAT). The standard rate of Buyers Premium payable to Eton Auctions shall be 20% of the Hammer Price (PLUS VAT). e. Online Bidding Eton Auctions offers an online bidding service via the-saleroom.com for bidders who cannot attend the sale. In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Eton Auctions: 1. authorise ? Eton Auctions? , if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and 2. confirm that you are authorised to provide these credit card details to ? Eton Auctions? through www.the-saleroom.com and agree that ?Auctioneer Name? are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale. Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 4.95% commission charge + VAT at the rate imposed on the hammer price f. g. Additional Charges: Eton Auctions may levy additional charges regarding: a. Collection of goods from Seller?s premises, storage of goods submitted for sale by a Seller and storage of Lots unsold in accordance with clause 15; b. Further charges at the discretion of Eton Auctions on advance warning to the Seller for any unusual research, special or additional imaging, testing, consultation with external specialists, conservation, cleaning or other services concerned with presenting the Lot, including VAT or other taxes or duties as applicable. c. All items submitted for sale in the 'Western Asiatic' category (other than items designated as 'style') and all lots over ?1000 will incur an administration charge of ?6.00 (VAT inclusive) peri item for additional checking, including searches against the ALR. 12. Lots: all goods submitted to Eton Auctions will be lotted, catalogued and offered by live auction sale, limited timed auction sale, 'buy it now' direct sale or other method at the sole discretion of Eton Auctions ; antiquities, antiques and collectables Lots with a low Estimate of ?200 or less and coin Lots with a low Estimate of ?100 or less will not normally be illustrated in any printed catalogue and printed text entries may be minimised (images and full text will always be shown on the Eton Auctions website); Estimates are provided for information only and Hammer Prices may differ from the estimated range. 13. Reserve Price: The Seller may set a Reserve Price on any Lot where the low Estimate exceeds ?120 subject to agreeing that an Unsold Fee will become payable to Eton Auctions for any such Reserved Lot which fails to sell; in addition the Seller agrees that the auctioneer may accept a bid received at one bid increment or 10% of the Reserve Price (whichever is higher) below the Reserve Price sum if necessary to sell the Lot. 14. Withdrawal of Lots: Once entered for sale, Lots may be withdrawn by the Seller only upon the agreement of Eton Auctions and payment to Eton Auctions of the Withdrawal Fee; a Withdrawal Fee will also be payable should any post-Sale offer be received in accordance with clause 14 but not accepted by the Seller. Eton Auctions reserves the absolute right to withdraw any Lot from sale for any reason in which circumstance no Withdrawal Fee will be payable. The Seller is thereafter responsible for collection of any Lot which has been withdrawn and clause 15 applies. 15. Unsold Lots and Storage: in the event that a Lot is not sold no Selling Commission is payable unless the Lot was subject to a Reserve Price in which case a sum of 0% (VAT inclusive)of the Reserve Price is payable by the Seller to Eton Auctions. Eton Auctions shall retain possession of unsold Lots for a period of twenty-eight days from the date of any Auction for entry into any Timed Sale or against the possibility of receiving post-Sale offers for such Lots. The Seller is thereafter responsible for collection of any unsold goods immediately after this period and Lots will be released after any charges due have been paid in full. Lots not removed by 4.30pm on the seventh working day after the due date will be moved to storage at a transfer cost of ?20 plus VAT per Lot and storage charges will thereafter be applied at the rate of ?1.50 plus VAT per Lot per day until collected; no Lots may be removed until any storage or other amounts due to Eton Auctions have been paid in full. In the event that the accrual of storage charges reaches 50% of the Reserve Price or after the expiration of three months from the transfer date, whichever occurs first, Eton Auctions reserve the right to re-sell any and all Lots stored without notice and in any manner at their sole discretion and to apply any proceeds in defrayment of such costs. The Seller will be entitled to receive any credit balance above the amount of the costs on request but will remain liable for any deficit. 16. Payment to Sellers: the Net Proceeds of the Auction will become due and payable to the Seller 28 days following the Date of Sale provided that Eton Auctions have received cleared payment of the Purchase Price in full from the Buyer. 17. Use of your personal information: Eton Auctions will only use the Seller?s personal information as set out in their privacy policy. Eton Auctions may amend this policy from time to time. Where Eton Auctions processes any personal data, Eton Auctions will comply with the requirements and obligations under the Data Protection Legislation. 18. Anti-Money Laundering: Eton Auctions?s Anti-Money Laundering Policy sets out Eton Auctions?s policy for ensuring compliance with anti-money laundering legislation that applies to some of Eton Auctions?s activities. Eton Auctions may amend this policy from time to time. 19. Sale of Goods Act: The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded. 20. Severance: If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the terms and conditions. 21. Amendments: Eton Auctions may amend these Terms and Conditions from time to time. Please check our website for our latest terms and conditions. 22. No waiver: No failure or delay by Eton Auctions to exercise any right or remedy provided under the these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. 23. Third-Party rights: These Terms & Conditions are between Eton Auctions and a Seller. No other person shall have any rights to enforce any of these terms. 24. Governing Law: these terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the law of England and Wales. 25. Jurisdiction: each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims). 26. Shipping: Eton Auctions provide in house shipping domestically and internationally, please see our Shipping and Payment policies. Sales may be filled before their last date for entries; you are advised to submit material as early as possible to avoid disappointment. Eton Auctions reserve the right to alter the dates of sale. Please contact info@Eton Auctionsauctions.com for further information regarding consignment.